State v. McDonald
Supreme Court of Missouri
Appeal from Ozark Circuit Court. — Hon. J. R. Woodside, Judge. 1. The indictment does not charge the offense in the language of the statute. It is evidently drawD under the 29th section ; and this court has held time and again, that, in drawing an indictment under this section, the offense must be charged to have been done “ on purpose,” which is not done in this case. This defect is not cured by the attempt of the court to try defendant under § 32 of said statute.
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Appeal from Ozark Circuit Court. — Hon. J. R. Woodside, Judge. 1. The indictment does not charge the offense in the language of the statute. It is evidently drawD under the 29th section ; and this court has held time and again, that, in drawing an indictment under this section, the offense must be charged to have been done “ on purpose,” which is not done in this case. This defect is not cured by the attempt of the court to try defendant under § 32 of said statute. State v. Epps, decided at this term. 2. There is no allegation in the indictment, that defendant “had” and “held” said weapons in…
1Opinion of the CourtHenry, J.
The defendant was indicted at the April term, 1877, of the circuit court of Ozark county, for an assault with intent to kill. The indictment charged “that Henry McDonald, on the 8th day of December, 1876, at the county, &c., did willfully, unlawfully, feloniously and of his malice aforethought, an assault make in and upon the body of one James Cockrum, with a pair of tongs of the length of two feet, and of the heft of five pounds, with a hammer of the heft of three pounds, and an axe handle of the length of two feet and of the diameter of two inches, the same being dangerous and deadly…
2Cases cited6 opinions
- State v. SewardSupreme Court of Missouri · 1868
- State v. DaltonSupreme Court of Missouri · 1858
- Jennings v. StateSupreme Court of Missouri · 1846
- State v. BaileySupreme Court of Missouri · 1855
- State v. StewartSupreme Court of Missouri · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. OppenheimerCalifornia Supreme Court · 1909
- State v. RizorSupreme Court of Missouri · 1944
- State v. NieuhausSupreme Court of Missouri · 1909
- State v. BlanSupreme Court of Missouri · 1879
- State v. MyersSupreme Court of Missouri · 1906
16 more not listed; retrieve them via the Exa API.